H1B time period considered from the start of 1st H1B or every H1B will have 6 yrs on it.....

V

Vishwas Rangar

New Member
Hi,

I understand a H1B has 6 years on it...does that include another fresh H1/H1 transfer/ Out of US...etc...Meaning...

Case I - if a company sponsored me a H1B and i left the company in 4 months...Joined 2nd company and applied for transfer...transfer rejected in 9 months and then this 2nd company did my fresh H1B.....so should i consider my total period of H1B i.e. 6 years counted from my 1st company's H1B date or should i take it from my 2nd company's H1B date....

Case II - After working with 2nd company for 2 yrs i left US and came back to India....Now my H1B expired on 1st april as per date stamped on Visa....Now 3rd company sponsoring me H1B...so is this H1B is going to be for another 6 yrs or even for this the H1B start date will be counted from my H1B date....

Please let me know...\

Thanks & Regards
Vishwas
 
Please respond my queries , I will really appreciate it. I am on H1B visa in my 5th year in USA. My wife went to India and her H-4 was denied. I guess because of client vendor layers. After denial , a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know. I searched new employer and they are ready to transfer my H1B. My question is

1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company ( after h1b transfer approval or just after applying )
4) Can USCIS reject my H1B transfer to new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE
Thanks in advance
Monika
 
monikainusa said:
Please respond my queries , I will really appreciate it. I am on H1B visa in my 5th year in USA. My wife went to India and her H-4 was denied. I guess because of client vendor layers. After denial , a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know. I searched new employer and they are ready to transfer my H1B. My question is

1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company ( after h1b transfer approval or just after applying )
4) Can USCIS reject my H1B transfer to new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE
Thanks in advance
Monika
Click to expand...

monikainusa said:
Please respond my queries , I will really appreciate it. I am on H1B visa in my 5th year in USA. My wife went to India and her H-4 was denied. I guess because of client vendor layers.
---At this time many H1 and H4 are being denied or ask lot of documents from Employer.

After denial , a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know.
------------ in past 6 months I have read about 15-20 cases similar to you.

I searched new employer and they are ready to transfer my H1B. My question is
------------- Why do you think that USCIS is going to deny your H1 of present employer? Do you think that present employer kept H1 holder on bench or H1 holder has filed complaint against them to recover the wages? Do you think you are not eligible for H1? If you fell that company has not violated H1 rule then your present company lawyer can respond to USCIS if they ask any document. Consulates are sending many requests to USCIS to review the H1 petition and you don't know the note of Consulate officer that he wrote to USCIS. USCIS has NOT denied your H1 at this time and they just informed you that US consulate or DOS has sent request to review your H1 petition and let them review that petition.
1) Can I transfer my H1b in this case
--------- New employer can file H1 for you. Join only once H1 gets APPROVED and do not join with just H1 transfer filing receipt. FYI if the new company H1 gets approved and you send new company H1 approval to your wife for H4 stamping it does not guarantee that US consulate/DOS officer will not request USCIS to review your H1 petition
2) Is it ok to join new employer
---Read above
3) when can I join new company ( after h1b transfer approval or just after applying )
--Join only AFTER h1 gets approved (request them to file through premium processing)
4) Can USCIS reject my H1B transfer to new company
--------------They can
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
---it depends on RFE and what they need to know
5) What if my old company revoke my H1b and don't respond to RFE
------ if your new employer file H1 transfer and it gets approved then you dont have problem if past employer revokes H1. If present employer revokes your H1 and new employer H1 gets denied then you will not have any status(I dont know if you have I-485 pending)
Thanks in advance
Monika
Click to expand...

--------------
 
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.

Thanks in advance
Regards
Monika
 
monikainusa said:
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employment for the principal applicant in USA in accordance with appropriate law and regulation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any documents".

------But USCIS did not request any documents from Company? and why company lawyer never wrote to Consulate that Company is Eligible to pay and could have sent Ability to pay documents.
My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
------ How your H1b is under review? you posted that your husband H1 or his Petition is under review. What is correct??
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.

Thanks in advance
Regards
Monika
Click to expand...
You also writing "My H1 and at the same time you are writing about spouse H1. Make it clear and dont post in many threads and you may not get any responce
 
Hello Mr Ginnu,

Thanks for your quick resposne. and sorry for any confusion. Let me explain my case again. I am on H4 visa and My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs mentioned in 221g form, but after 8 months of wait , they denied my H4 visa. The document says "The petitioner does not appear to be able or willing to provide qualifying employment for the principal applicant in USA in accordance with appropriate law and regulation.". After 2 weeks my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any documents".
My hubby work in Employer->Vendor1->Vendor2->Client model and he has never been in bench in past 5 years. These days because of emplpyer employee relationship issues my hubby was worried so he searched the job , which is very big vendor and has direct projects in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start his H1B transfer in premium processing. My question is :
1) Since my hubby's current H1b under review then can he transfers his H1b to new company
2) My husband will only join new company only if his new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my hubby's old company decide not do answer that REF as he's not being with that company ? will that effect any status with the new company and USCIS can revoke his new H1b base on that.

Thanks in advance
Regards
Monika
 
monikainusa said:
Hello Mr Ginnu,

Thanks for your quick resposne. and sorry for any confusion. Let me explain my case again. I am on H4 visa and My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs mentioned in 221g form, but after 8 months of wait , they denied my H4 visa. The document says "The petitioner does not appear to be able or willing to provide qualifying employment for the principal applicant in USA in accordance with appropriate law and regulation.". After 2 weeks my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any documents".
My hubby work in Employer->Vendor1->Vendor2->Client model and he has never been in bench in past 5 years. These days because of emplpyer employee relationship issues my hubby was worried so he searched the job , which is very big vendor and has direct projects in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start his H1B transfer in premium processing. My question is :
1) Since my hubby's current H1b under review then can he transfers his H1b to new company
2) My husband will only join new company only if his new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my hubby's old company decide not do answer that REF as he's not being with that company ? will that effect any status with the new company and USCIS can revoke his new H1b base on that.

Thanks in advance
Regards
Monika
Click to expand...

Your spouse is in US and he can seek legal advice from good lawyer in US.
Good Luck!!
 
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